Simmons v. McElveen
| Decision Date | 08 June 1988 |
| Docket Number | No. 87-4398,87-4398 |
| Citation | 846 F.2d 337 |
| Parties | Allen Wade SIMMONS, et ux., Appellants, v. Sheriff Wayne McELVEEN, et al., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Roy, Carmouche, Bivins, Judice, Henke & Breaud, Frank W. Dawkins, Lafayette, La., Dennis R. Whalen, Baton Rouge, La., for appellants.
Book & Beverung, Fred A. Book, Jr., M. Steven Beverung, Lake Charles, La., for McEleveen, Lee, Herbert & Imperial Gas Ind. Co.
John L. Van Norman, III, Lake Charles, La., for City of Westlake, La.
Jeffrey Alan Keenan, Lake Charles, La., for Ballard, Reed, Herferd & City of Westlake.
James L. Pate, Laborde & Neuner, Lafayette, La., for Wagguespack, St., & D.J.W. Ins. Agency, Inc.
Appeal from the United States District Court for the Western District of Louisiana.
Before GARZA, HIGGINBOTHAM and SMITH, Circuit Judges.
Allen Wade Simmons brought suit against various police officers and municipalities for violations alleging to have occurred under 42 U.S.C. Sec. 1983 (1982). State actions for false imprisonment and loss of consortium were also brought. The district granted the defendant's motion for summary judgment and dismissed Simmons' 1983 action. We are affirming the district court.
On March 7, 1985, an armed robbery and shooting occurred in West Lake Louisiana. The robber stole approximately $85, shot a customer in the face and grabbed several packages of cigarettes as he was making his get away. He inadvertently dropped some of the packages which were later found to contain his fingerprints.
The Westlake City Police and the Calcasieu Parish Deputies were called to the scene of the crime. A deputy saw a sketch of the robber noticing a resemblance to Simmons. In a photo line-up, Simmons was identified as the assailant by the robbery victim, the clerk of the store and the shooting victim. Simmons was thereafter arrested in Lafayette Parish, Louisiana and transferred to the Calcasieu Parish Jail in Lake Charles, Louisiana. Formal charges were brought against Simmons, who was identified in a physical line-up and in court. Simmons' fingerprints failed to match those on the cigarette packages. This information was not turned over to the district attorney's office.
Approximately four months after Simmons had been jailed, a tip was received through the "crime stoppers" program sponsored by the Calcasieu Parish Sheriff's Office, which gave detailed information regarding the robbery incident. Paul Robinson was named as the assailant. The tip stated the names of his accomplices and that Robinson had previously been arrested. Robinson's name was the only information passed on to the Westlake City Police. A photo line-up was conducted using Robinson's photo which was not identified by the witnesses. Instead, Robinson was rejected as the assailant and Simmons' identification was reaffirmed. Robinson was not placed in a physical line-up nor was a fingerprint comparison made of the prints found on the cigarette packages.
Approximately four more months passed before Simmons' attorney received word that a witness had information which would prove Simmons was innocent and identify Robinson as the guilty party. Simmons' attorney obtained several statements implicating Robinson. These statements were turned over to the district attorney's office,...
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